Unregistered lease

Question asked on: 20/11/2016

I gave my house and adjacent land for manufacturing of shoes. That house was given on lease. The lease deed was unregistered, but both parties signed it. The lease was accepted on payment of twenty thousand rupees per month as rent.

The lessee enjoyed it for four years. That lease was for a period of 8 years. Now I want to file a case for recovery of rent for the period of 2 years and also for the compensation of remaining years.

The lessee vacated the house without giving notice. Please guide about unregistered lease deed and opportunity to get compensation.

Advised by: Shivendra Pratap Singh,

This lease must be registered. According to section 107 of the transfer of property act, a lease for the period of more than one year or of year to year or reserving of yearly rent must be registered. An unregistered lease may cause a severe effect on the enforcement of the right. Such deed shall not be admitted in evidence. You cannot ask for specific performance of the contract from unregistered lease deed.

An unregistered lease deed renders the lease into a month to month. It shall take shorter the period of notice from 6 months to 15 days. The lessee can terminate the lease on giving 15 days’ notice instead of 6 months. He was bound to give six months’ notice if the deed was registered. But he was bound to give only 15 days’ notice.

An unregistered lease deed cannot empower the lessee to terminate the lease without giving any notice. He is bound to give notice. You gave possession over the premises to the performance of the lease. This act renders the lease complete. This constitutes a complete contract. Therefore, you can claim compensation. He cannot deny that there is not a valid contract or a valid lease. The lease is valid in the absence of its registration under section 107 of the transfer of property act.

You can recover all due rent from him. You can also get compensation for four years because he terminated the lease without giving notice. Notice is mandatory under section 106 of the transfer of property act. That notice must be in writing. Oral notice is not effective. You can claim compensation by unregistered lease deed because the validity of lease is not in question. He has committed a breach of contract hence liable to compensate under section 73 of the Indian contract act.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Cancellation of allotment

I have booked a flat in a housing project constructed by the Lucknow Development Authority. I have deposited booking amount and flat is allotted in my name. Thereafter LDA gave me 30 days to deposit 25% of the total value of the property which is also deposited in...

My sisters want to partition in the ancestral property

My father received some ancestral property from my grandfather.  The property is purely ancestral because my grandfather got it from his father. My father died in 1997 by leaving four sons and three daughters. I am the elder son of my father. I am an engineer and...

Wife’s right in joint family property

Does wife have any right in joint family property? I am a helpless lady. My husband refused me without any reason. My marital home situated at Vardaman. What is the law regarding the right of a woman in marital property? “Hindu law does not grant any right to wife in...

Correction in revenue record

Name missing in the new land record (Jamabandi). We had land in Village: Pilana, Tesh: Kalanaur, Dist: Rohtak, Haryana. I want to get a correction in the revenue record. The property is in the name of my Grandfather (Prabhu). We had total land in three different...

Transfer of trust property

My grandfather was created a trust for the construction and running of a school. He had appointed my father as trustee. My grandfather was died in year 1974. My father is died in year 2015. This trust is created by a Will, according to it I am the trustee of this...

Leave and licence

A person intentionally treated the lease document as leave and license. He is trying to evict the person in whose favour that lease deed is executed. What are the ingredients of lease and leave & license? A licence is a power or authority to do some act which,...

Claim refund of money against the builder under RERA

Section 18 of the Real Estate (Regulation And Development) Act, 2016 (RERA) entitles the flat buyer to claim a refund of money and compensation for any loss from the builder. If the builder did not complete the project within time he shall be liable to refund the money with interest.

Land record shows my land as inalienable

The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.

Ancestral property

My grandfather had purchased 18 acres of agricultural land and owned one house. He expired in 1969 leaving behind one son (my father) and one daughter. My father’s sister got married in 1943 and she had one daughter (born in 1944). My grandmother expired in 1974.my...

Waqf property

There is a waqf property which is rented on Rs 5 per month to Moulana ******* Tenant want to take absolute possession over the rented property. In this course he attempted on many forged documents but ultimately he fails. He filed a case before the waqf tribunal for...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now